· 11/6/1986
In Re Matter of Stephen Yagman, Jerry Brown and Gerry Fleischer v. Michael Baden and Sidney Weinberg
Citations
- 796 F.2d 1165
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “the benefit provided by the policy of deterrence is lost if the [district court] postpones imposition of [discovery sanctions] until the end of the case”
- holding that section 1927 “does not apply to initial pleadings, since it addresses only the multiplication of proceedings”
- describing district court’s improper award of $250,000 sanction against counsel based on his “total conduct” without specifying specific infractions
- noting that “the primary 23 purpose of sanctions, which is to deter subsequent abuses,” is not served “by tolerating abuses 24 during the course of an action and then punishing the offender after the trial is at an end”
- choosing California over New York defamation law because California had the greatest interest in the issue as the state where the plaintiffs lived and worked
- explaining how notice of Rule 11 sanctions “ad- ministers the paramount aim of deterrence”
Source: CourtListener parenthetical corpus (CC0).
Judges: Anderson, Pregerson, Wiggins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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